A Utah judge ordered the release on bail of Douglas Stewart Carter, a 71-year-old man who spent 41 years on death row for a 1985 killing, after prosecutors disclosed that newly analyzed DNA evidence excluded him as a match to crime scene evidence.
The decision came despite objections from the victim’s family, following a Utah Supreme Court ruling last year that vacated Carter’s conviction due to investigator misconduct. Carter, who has maintained his innocence and claimed his confession was coerced, was released Monday evening under court-ordered conditions.
Judge Derek Pullan granted bail with restrictions, including a GPS monitoring requirement and a prohibition on contact with the victim’s family. Prosecutors are reconsidering the case after the DNA analysis, conducted on samples collected from a doorknob and a knife handle, failed to link Carter to the crime. The knife was used to stab Eva Olesen, who was also shot, and whose nephew was the Provo police chief at the time of her death.
Carter’s defense attorney, Neal Hamilton, stated that Carter will reside in an extended-stay accommodation near his son’s family, as Carter’s child was adopted as an infant and only learned of the conviction years later. Hamilton emphasized the need for Carter to receive therapy to address the trauma of decades-long incarceration, describing the release as a necessary but complex transition.
Key developments in the case
The Utah Supreme Court ordered a new trial in 2025 after determining that investigators engaged in misconduct during the original proceedings. Carter’s conviction had relied solely on a signed confession and testimony from two witnesses who later recanted their claims that Carter had bragged about the killing. No physical evidence connected Carter to the crime scene at the time of his 1985 trial.
Prosecutors withdrew their intent to seek the death penalty last week, following the receipt of the DNA results on September 22. Judge Pullan acknowledged that while the new evidence undermined the state’s case, he noted that a jury could still potentially conclude Carter’s guilt based on other factors. The judge set a two-month retrial timeline for 2027, though prosecutors have not yet indicated whether they will proceed with charges.
Legal and procedural context
Carter was sentenced to death in 1985 after a jury convicted him of murdering Olesen, a white woman. The case has drawn attention to issues of coerced confessions, racial disparities in sentencing, and the reliability of witness testimony. The recantation of the two witnesses and the absence of physical evidence at trial have raised questions about the integrity of the original conviction.
Defense attorney Hamilton highlighted the long-term psychological impact of Carter’s incarceration, noting that Carter’s son only discovered the conviction after reaching adulthood. The defense has emphasized the need for a full exoneration, though prosecutors have not yet dismissed the charges.
Judge Pullan’s decision to release Carter on bail reflects the legal principle of presumption of innocence during ongoing proceedings. The court’s conditions aim to balance Carter’s right to freedom with concerns about public safety and the sensitivities of the victim’s family. Prosecutors have indicated they will review the case further before determining their next steps.